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Glendening v. Western Union Telegraph Co.

150 N.Y.S. 1088 Court N.Y. App. Div. Decision date 1914-12-04 Docket No. 6405 English

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p. 1088
GLENDENING v. WESTERN UNION TELEGRAPH CO.
(No. 6405.)
(Supreme Court, Appellate Division, First Department.
December 4, 1914.)

Headnote

Action by George C. Glendening against the Western Union Telegraph Company. From an order denying a motion for an order requiring plaintiff to separately state and number causes of action, and to strike from the complaint matters as irrelevant and redundant, defendant appeals. Modified and affirmed. See, also, 163 App. Div. 489 , 148 N. Y. Supp. 552 .
Albert T. Benedict, of New York City, for appellant.
George Gordon Battle, of New York City, for respondent.

Accepting the contention of the plaintiff that he attempted to and did set out but one cause of action in his complaint, paragraphs 8, 9, all but the first six lines of paragraph 19, and paragraph 22 are irrelevant and redundant to said cause of action so claimed to be alleged. The order appealed from should therefore be modified, by providing that the matter indicated should be stricken from the complaint, and, as so modified, affirmed, without costs to either party.

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